The Southern District of Florida Bankruptcy Court is allowing a Chapter 7 Trustee to go forward with his adversary proceeding to avoid transfers that occurred in 2005, which are time-barred under applicable Florida law. The Court found that section 544(b) is clear and allows a trustee to step into the shoes of the IRS and to pursue avoidance actions that the IRS, outside of bankruptcy, could have timely pursued on the petition date. For full case opinion, click here.
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